News

Sixth Circuit Limits Scope of Disgorgement Provision in E&O Policy

By EsqSocial Corporation 24/02/14

In a cutting-edge decision, the federal 6th Circuit Court of Appeals has ruled that an exclusion barring coverage for an insured’s liability for “disgorgement” of “remuneration” or “advantage” is limited to “acquiring” funds as opposed to “retaining”...

Sixth Circuit Rules that PTFA Preempts Less Protective State Laws

By EsqSocial Corporation 24/02/14

The United States Court of Appeals for the Sixth Circuit reversed in part a district court’s order granting a motion to dismiss a complaint that included claims for wrongful eviction, denial of due process and outrageous infliction of emotional...

U.S. Fish And Wildlife Service Announces Listing Of Two Texas Salamanders

By EsqSocial Corporation 24/02/14

The U.S. Fish and Wildlife Service has announced a final rule listing the Georgetown salamander (Eurycea naufragia) and Salado salamander (Eureycea chisholmensis) as threatened species under the Endangered Species Act. The final rule is scheduled to...

Commercial Disparagement An Increasing Concern In The Age Of Social Media

By EsqSocial Corporation 24/02/14

Companies are turning to social media with increasing frequency to directly communicate with customers and potential customers. T-Mobile USA is no exception. Not only did the company release an astonishingly snarky press release in January, complete...

Bankruptcy Appellate Panel for Eighth Circuit Reaffirms It Is Not the Forum for Debtors in Pending Bankruptcy Cases to Take Second Bite at the Apple

By EsqSocial Corporation 24/02/14

Last week, the United States Bankruptcy Appellate Panel for the Eighth Circuit (8th Circuit B.A.P.) reaffirmed that debtors in pending bankruptcy cases may not use the bankruptcy court as a forum for a second bite at the apple to attack criminal...

IRS Issues New FATCA Regulations

By EsqSocial Corporation 24/02/14

On February 20, 2014, the Internal Revenue Service (IRS) issued additional final and temporary regulations (T.D. 9657) under the Foreign Account Tax Compliance Act of 2009 (FATCA) as well as new regulations (T.D. 9658) that modify the international...

Initial Rate for Minnesota Community Solar Gardens Set (Almost)

By EsqSocial Corporation 24/02/14

After a full day of hearing arguments on Xcel’s proposed Community Solar Garden (CSG) program (see more on that here), the Minnesota Public Utilities Commission deliberated in public on the issue yesterday and made some important modifications to...

SEC No-Action Letter Allows Certain Kinds of “M&A Brokers” to Avoid Broker-Dealer Registration Under the Exchange Act

By EsqSocial Corporation 24/02/14

On January 31, 2014, the SEC’s Division of Trading and Markets issued a significant no-action letter permitting the involvement of “M&A Brokers” in business acquisition transactions involving privately-held companies. The no-action letter means that...

Who Qualifies as an Expert Witness?

By EsqSocial Corporation 24/02/14

These days it seems like everyone proclaims to be an expert in something. But when it comes to court cases, who qualifies as an expert witness? As TV courtroom dramas show, expert witnesses are usually called in by one of the parties to help jurors understand complicated, technical concepts.

The Roundup: This Week’s Recommended Reading

By EsqSocial Corporation 24/02/14

Welcome to The Roundup for the week ending February 21. We have lots of thought-provoking pieces to share this week. From Around the Web - Three Mistakes to Avoid When Networking: Many people, even when they desperately want to cultivate a new...

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